By Paul Worzella, SCLA
Liability Claims Supervisor
Illinois Casualty Company

Fire is used by many people as part of leisure activities and for entertainment. Occasionally, businesses in the hospitality industry have incorporated the use of fire to add to the experience and ambiance of their establishment by serving flaming drinks or food, such as flaming shots, bananas foster, crepes Suzette, or individual tableside hibachis.

Unlike some policies, ICC does not exclude claims resulting from the service of these products. However, in many cases we will advise the business to discontinue the practice. If they choose not to stop the service, Underwriting may decide not to insure that business.

Serving flaming drinks or food has the potential of resulting in serious injury to customers. Bad burns are among the most painful types of injury and may include permanent scarring as well as long-term anxiety and emotional issues. ICC has experienced a number of premises liability claims resulting from flaming foods or drinks. Typically, in those claims, the flaming drink or food was sloshed or spilled onto a customer, or liquor, used to fuel the flames, left its container, and the flames followed.

Consider this scenario
You and your family are on a much-needed vacation. You, your spouse, and your young child are hungry, so you stop at a local restaurant to have lunch. Since the weather is nice, you decide to eat outside. Before you order your meal, you both decide that you want to try their specialty drink called the Flaming Dr. Pepper. As the waitress brings your drinks to the table, she trips over a chair leg and spills the flaming drinks on your young child, burning her face and hands with second-degree burns. Not only that, but the restaurant’s wood deck now catches on fire due to the flaming alcohol. The fire spreads quickly and burns the restaurant to the ground. Your vacation is over in an instant as you rush your child to the Emergency Room for treatment. Could this scenario have been prevented? Absolutely.

Although ICC does not exclude claims like this one, it is not our intent to insure businesses that serve flaming food and drinks.

Regardless of insurability, if an establishment chooses to serve flaming items, there are some recommended safety considerations to protect customers and employees:

• Prepare the drinks or food away from the customers, preferably in the kitchen or behind the bar.
• Make sure lit drinks are filled below the rim to prevent the drink from spilling and spreading the flame.
• Have a server lead the bartender or cook to the table to clear a path and help deliver the food or drink safely.
• Refrain from serving flaming drinks or food outside, as seeing a flame on a sunny day is more challenging. If it is windy, the flame could be blown onto a flammable object, like a napkin, potentially causing property damage and injury.

In our experience, these types of claims are costly to settle, and often, the business is held liable for the injuries sustained. While the excitement of flaming drinks and food may draw attention to the business, those same drinks and food can cause irreversible damage. To avoid the risk, it is best to leave these items off the menu.

Editor’s Note: This story ran in the August 2023 edition of Pennsylvania Beverage Media, the official monthly magazine of the Pennsylvania Licensed Beverage and Tavern Association. Illinois Casualty Company is the exclusive preferred vendor for liquor liability insurance. Qualifying Members can save up to 10% on their businessowners and liquor liability insurance. To find out more about our insurance programs and to locate an agent in your area, visit www.ilcasco.com/insurance-programs.

(Wikimedia Photo: Beer-on-tap by JMacPherson)

by Annie Stontz, Marketing Representative, and Avalon Thomas-Roebal, Marketing Representative/West Team Leader

When Illinois Casualty Company (ICC) began offering liquor liability coverage in 1950, our bread and butter became small town taverns sprinkled throughout Midwestern communities. One common event for these taverns is a bar crawl. These events are especially popular during spring and summer months and can be better controlled with just a few simple steps.

Bar crawls can bring quick business and introduce new clientele to an establishment, but they also increase the risk of a liquor liability loss. ICC is committed to educating our insureds on safe operational practices to keep these well-loved establishments running for years to come.

Before her time in Marketing, Annie Stontz owned and operated a bar in her Illinois hometown for eight years, and managed others for over twenty. Coupled with her expertise in liquor liability, Annie shares her valuable insight on hosting a safe and enjoyable bar crawl.

What should bars look for when allowing a bar crawl to stop at their premises?

CARD HARD! ID all patrons, and do not rely on wristbands provided by the crawl. It is your responsibility to ID at your establishment. Take extra notice of younger patrons who are attempting to have an older individual buy them drinks. You reserve the right to refuse service or even to ask those patrons to leave.

Occasionally, bar owners will be notified that their bar is on a crawl route. When this happens, you should find out the approximate number of attendees and timeframe patrons are expected. Staffing adequately, stocking up on popular items, and having glassware clean will free up time to focus on responsible serving practices when crawlers arrive.

Another trick I used was to keep lights off the lowest setting. By brightening up the place a bit, I had better views of the crowd.

If possible, move and/or cover pool tables. This will open up floor space and keep your equipment safe.

Bar crawl events can be a long day of boozy enjoyment. What should bars do to keep patrons participating safely?

Very rarely did I offer drink specials for these events. When I did receive notice of an event, I always made sure to have food of some sort. Nacho bars and deli trays can help slow down drinking and get food in patron’s systems. If your establishment offers food, it is a good opportunity to let the kitchen shine and run a food special.

I also kept water and iced tea out for people to pour themselves, saving me time at the bar and providing an easy access, non-alcoholic option.

My biggest advice is to engage with as many patrons as possible. This will help you notice who may be agitated, overserved, or needs extra eyes on them. Walk the floor and check for spills, broken bottles, or other issues you can fix quickly.

What about those times when you don’t know large groups are coming? What mistakes should be avoided when they come in all at once?

Try to avoid feeling rushed and thinking you don’t have time to card everyone that needs to be. It’s important to observe the crowd and notice anyone that may have already been overserved.

Be cognizant not to overpour and use plastic cups whenever possible. Do not allow all-you-can-drink wristbands or bottomless cup/keg specials.

ICC is a specialty food and beverage carrier. What makes us stand out as the carrier who knows this niche?

ICC offers free OnTAP alcohol server training to our insureds and a wide variety of in-person and online classes through our safety education partner, Katkin. These courses highlight responsible serving practices for bar owners, managers, bartenders, and even security personnel.

I know from running my own bar that crawls or bike nights would sometimes utilize extended areas outside of my establishment, like spilling over into an adjoining parking lot. ICC broadens the definition of “your premises” to provide liability coverage to these areas.

When it comes to these events, the only thing you can control is your service to patrons. You have no control over the amount of alcohol they consume on a party bus or at stops prior to coming in or after leaving your bar.

Utilizing and saving security camera footage during these events is imperative if a claim does occur. ICC strongly encourages the use of camera footage and provides premium relief to insureds who protect their business by doing so.

Editor’s Note: Illinois Casualty Company (ICC) is the exclusive preferred liquor liability insurance for the Pennsylvania Licensed Beverage and Tavern Association. Qualifying Members can save up to 10% on their businessowners and liquor liability insurance. To find out more about our insurance programs and to locate an agent in your area, visit www.ilcasco.com/insurance-programs. 

The following letter was sent from Chuck Moran of the Pennsylvania Licensed Beverage and Tavern Association to all members of the Pennsylvania House of Representatives after a floor debate on HB 1500, a bill that would increase the minimum wage above $15 per hour as well as mess with the tipped wage and its structure by setting it at 60 percent of minimum wage.

June 15, 2023

Members of the Pennsylvania House of Representatives,

I watched your floor debate yesterday on HB 1500 with each side pulling studies to support their position. We have likely seen the same studies in my office.

Pennsylvania’s bars and taverns don’t need studies from afar to understand what would happen in our Members’ establishments if the tipped wage be eliminated or changed in any manner. Instead of relying on studies from other states, our Association has used the past few years to sit down and speak with our Members to find out exactly what would happen in their establishments.

Our membership is primarily family-owned (small business) taverns, bars, and licensed restaurants with about 16 employees and less than 100 seats in their establishments. While we can’t speak for the large chains, we do have a good understanding of what the outcome of increasing the tipped minimum wage would be for these establishments, their tipped employees, and their customers.

What worries small business taverns, bars, and licensed restaurants the most isn’t the minimum wage. We regularly hear that bartenders and servers can easily make above the dollar figures that are currently being debated.

What worries our Members the most is messing with the tipped wage and its structure.

As we learned in middle school science classes, for every action, there’s an opposite and equal reaction. Based upon many conversations with establishments across the state, we have every reason to believe that the opposite and equal reaction would be

1. Reduction in workforce. (ie., if a shift usually has four waitresses, that shift could be changed to only three.)
2. Higher menu prices to pass the cost along to consumers.

Establishments taking advantage of the current tipped wage structure to reach the legislatively-created minimum wage figure can charge lower prices on menus, which helps maintain their competitive position and customer base.

Please don’t mess with the current tipped wage and its structure. The opposite and equal reaction just isn’t worth it for employees, employers, or customers.

Sincerely,

Chuck Moran
Executive Director

Today, the Pennsylvania House Liquor Control Committee voted to move HB 1160, a bill sponsored by Rep. Napoleon Nelson, and supported by Organized Taverns via the Pennsylvania Licensed Beverage and Tavern Association.

The bill addresses issues related to off-premise catering permits and certain regulations that would sunset at the end of 2024, forcing the industry to revert back to outdated liquor code.

After a friendly amendment to the bill, HB 1160 moved out of committee with all voting in favor of the bill.

In this episode, Chuck Moran, executive director of the PLBTA and host of Pennsylvania Tavern Talk, takes you inside the committee meeting and then provides an analysis afterwards.

Please don’t forget to subscribe to our YouTube channel and like this video.

The following is a statement from Chuck Moran, executive director of the Pennsylvania Licensed Beverage and Tavern Association. The statement concerns HB 1160, a bill related to off-premise catering permits.

(Harrisburg, May 23, 2023) Today, the Pennsylvania House Liquor Control Committee voted to move HB 1160 out of committee. All committee members voted in favor of the measure.

This important legislation, sponsored by Rep. Napoleon Nelson, is another piece of the puzzle to help family-owned taverns, bars, and licensed restaurants, recover from lengthy COVID restrictions that financially damaged many establishments across the Keystone State.

HB 1160 would allow liquor licensees to hold an unlimited number of off-premise catering events beyond 2024. Currently, Act 87 of 2021 sunsets at the end of 2024. If allowed to sunset, the state would revert back to outdated liquor code that limits the number of off-premise catering events. Rep. Nelson’s bill removes the sunset date.

In his co-sponsorship memo Rep. Nelson wrote, “Although the Covid-19 Pandemic emergency is lessening, many of our Pennsylvania restaurants and bars are still struggling during these unstable economic times. New hurdles have appeared with raising costs due to inflation and supply chain issues along with labor shortages. We need to do all we can to help these businesses adapt and remain flexible.”

The Pennsylvania Licensed Beverage and Tavern Association, representing small business taverns, bars, and licensed restaurants across the state, agrees with Rep. Nelson and fully supports HB 1160 as written today.

The past decade has been a financially difficult one for family-owned taverns, bars, and licensed restaurants. First, the industry lost the exclusive right to sell six-packs to go, resulting in significant loss of revenue. This was followed by pandemic restrictions that closed indoor dining. Then recovery efforts were hampered by supply chain issues, inflation, and a lack of workers.

Each of these have acted as a gut punch to drinking establishments statewide. The time has come to give these small businesses hope that they can prosper and make it on their own in the future.

The PLBTA thanks Rep. Nelson for introducing this bill. The association also thanks committee chairs Rep. Dan Deasy and Rep. Mindy Fee as well as all members of the state House Liquor Control Committee for their actions today to move HB 1160.

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The Pennsylvania Licensed Beverage and Tavern Association is the statewide political voice for small business taverns and licensed restaurants. Based in Harrisburg, the Association formed after Prohibition in 1941, reorganized in 2019, and today advocates for best practices and rights within the industry as well as best experiences for patrons. To learn more, visit www.pataverns.com or follow the Association on Twitter via @TavernPA.

Earlier this year, the PLBTA produced a Tavern Talk news video about this issue and Rep. Nelson’s interest to help. You can watch that video by clicking here.

By Charles B. Calkins, Rebecca M. Shanaman, Evan M. Gabel, and Stephen R. McDonald
CGA Law Firm

Litigation has affected many PLCB licensees with dram shop actions, slip and fall accidents, workers’ compensation claims, etc. The most well-known way to protect assets is to hold the PLCB license under a separate operating company or individual. Another way to protect a business is to use high-quality surveillance cameras. Cameras can be installed in conspicuous places, such as doorways, parking lots, the restaurant seating area, the bar seating area, and possibly outside lavatories.

Many restaurants or social clubs that use surveillance cameras only retain the tapes for one (1) month to sixty (60) days. Given the fact that the statute of limitations in a dram shop action or an action based on negligence is two (2) years, CGA recommends downloading the surveillance footage and retaining it for at least two and a half (2-1/2) to three (3) years. The statute of limitations in a negligence action is two (2) years from the date of the occurrence, so if an individual brings an action one (1) day from the date the statute expires, the typical business that regularly discards tapes would not have the footage to defend their business from a lawsuit or workers’ compensation claim. Also, destruction of tapes or footage may be considered spoliation of evidence, which could be detrimental to the defense of a claim or lawsuit.

Conversely, if a business saved the tapes, the footage could establish how the fall or incident occurred or show that the individual/claimant was not visibly intoxicated. Surveillance tapes should clearly depict faces and images. Clarity of footage is as essential as having cameras in place.

Other suggestions to minimize your exposure would be: (1) provide additional lighting outside and possibly inside the premises; (2) limit the evening hours; and (3) maintain a written list of those patrons who have been barred from the licensed premises. The list should include, at minimum, the first and last name of each person barred, the date the person was barred, and the length of time the person is barred. The exterior lighting should be bright enough to permit patrons to be readily identifiable as they enter and exit the licensed premises.

CGA attorneys are available to discuss these or any other ways to mitigate your exposure to a dram shop action and other PLCB licensing or enforcement issues. The CGA attorneys experienced in licensing, enforcement, and other PLCB and PLCE matters are listed below.

If you have questions about any legal matter related to your restaurant, club, tavern, etc. or an idea you would like addressed in a future article, please contact a CGA attorney.

• Charles B. Calkins, ccalkins@cgalaw.com
• Rebecca M. Shanaman, rshanaman@cgalaw.com
• Evan M. Gabel, egabel@cgalaw.com
• Stephen R. McDonald, smcdonald@cgalaw.com

CGA Law Firm is a preferred vendor of the Pennsylvania Licensed Beverage and Tavern Association. You can learn more about CGA Law Firm by visiting www.cgalaw.com.